A Cautious Comeback: Accommodations for Vaccines, On-Site Health Screenings, and Other COVID-19 Measures

By Kimberly Mashburn, RN, CLMS, GBDS

Absence Management Practice Lead
The Hartford

By Janice Malcolm-Beeker, JD

Assistant General Counsel
The Hartford

As the long-awaited COVID-19 vaccines arrive, the march toward “normalcy” cautiously proceeds. Employers need to understand whether they can require vaccination, the accommodations required when employees refuse to be vaccinated, and the confidentiality issues surrounding on-site health screenings and sick employees.

So, what should employers consider when adding the COVID-19 vaccine into return-to-work protocols? The Equal Employment Opportunity Commission (EEOC) has issued guidance that employers requiring vaccination must consider accommodations under the Americans with Disabilities Act (ADA) if employees decline the vaccine due to a disability or sincerely held religious beliefs.¹ Employers also must show that unvaccinated employees pose a “significant risk of substantial harm to the health or safety of the individual or others that cannot be reduced by reasonable accommodation.” Employers need to determine “direct threat” case-by-case.

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